NEWARK, Oct. 22,
2004 -- Hudson County waterfront developer Joseph Barry was
sentenced to 25 months in jail yesterday for making cash
payments to a county official.
Barry, who once sought the rights to redevelop Asbury Park's
waterfront, pleaded guilty in June to making cash payments
totaling $114,900 to former Hudson County Executive Robert
Janiszewski in connection with federal and state funding for a
Barry company project in Hoboken.
U.S. District Judge Joel A. Pisano also fined Barry $25,000
and ordered him to make $1 million in restitution to three
federal agencies that supplied him with grants for his building
projects. The restitution was part of Barry's plea agreement
with the U.S. attorney's office.
Barry remains free until Dec. 2, when he is to surrender to
begin serving his prison sentence. Barry, 64, of Peapack-Gladstone,
Somerset County, pleaded guilty on June 22 to four counts of an
indictment returned against him and Janiszewski associate Paul
J. Byrne on Oct. 15, 2003. Each count details a cash payment to
Janiszewski to reward the then-county executive for his
assistance in securing the grants and loans for Barry's
development projects.
Each of the counts -- making an illegal payment in connection
with a federal program -- carries a maximum penalty of 10 years
in prison and a $250,000 fine. However, under terms of the plea
agreement and U.S. sentencing guidelines, Barry faced a probable
range of between 24 and 30 months in prison. Pisano selected a
sentence within that range.
"Mr. Barry is paying a steep price for contributing to the
culture of corruption that has pervaded Hudson County government
for too long," said U.S. Attorney Christopher J. Christie.
"Elected officials, appointed officials, contractors and now Mr.
Barry all have been swept up in our ongoing corruption
investigations. Hopefully the message is clear by now that we
will persist in finding and prosecuting corruption in Hudson
County."
Barry, a powerful and influential developer of mixed-use
retail and residential projects along the Hudson County
waterfront, was the president and principal of the Applied
Companies and related companies, including Shipyard Associates,
based in Hoboken.
Byrne, a long-time political advisor and "consultant" to
Janiszewski, was charged in the same indictment. Byrne pleaded
guilty on July 19, admitting that he acted as an intermediary in
passing cash payments to Janiszewski in return for government
action on renewal of county contracts with the Lisa & Associates
accounting firm. Byrne is scheduled to be sentenced on Dec. 13.
Janiszewski pleaded guilty to extortion and tax evasion
charges on Oct. 3, 2002. His sentencing is scheduled for Jan. 5.
In all, the Barry/Byrne indictment detailed $8.8 million in
federal and state loans and grants that Barry and the Applied
Companies received with the assistance of Janiszewski. At his
plea hearing, Barry admitted making the following cash payments
to Janiszewski: $30,000 on May 24, 2000; $30,000 on Jan. 23,
2001; $15,000 on March 16, 2001; $14,900 on April 12, 2001, and
$25,000 on July 18, 2001.
The FBI and IRS investigation involved video- and audio-taped
recordings of Barry, Byrne and others, made by Janiszewski as he
cooperated in the government's investigation.